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MLAs appointed Advisors not to face disqualification for getting office of profit – Punjab cabinet amends law

Chandigarh, November 1, 2019 (Yes Punjab News)

The Punjab Cabinet led by Captain Amarinder Singh has decided to amend the Punjab State Legislature (Prevention of Disqualification) Act, 1952, to add Advisors to Chief Minister for Planning and Political matters category to office of profit for the purpose of exclusion from disqualification.

The Bill amending Section 2 of the Act will be presented in the forthcoming session of Punjab Vidhan Sabha.

Disclosing this here today, a spokesperson of the Chief Minister’s Office said that with this amendment, Members of Punjab Legislative Assembly appointed in this category shall not be disqualified.

It may be recalled that the Punjab State Legislature (Prevention of Disqualification) Act 1952 had been enacted in terms of Article 191 of the Constitution of India, to declare certain offices of profit as not being eligible to disqualify the holders from being Members of the State Legislature.

The said Act has undergone minor amendments from time to time. However, such amendments have not taken in account the complexity of modern day governance. Further, these amendments have not taken into account the reports and studies of the various Parliamentary Committees which addressed the issue of office of profit. Therefore, there is a need to amend Section-2 of Punjab State Legislature (Prevention of Disqualification) Act, 1952, the Cabinet felt.

In another decision, the Cabinet also approved the presentation of the Punjab State Commission for Scheduled Castes (Amendment) Ordinance 2019 in the ensuing session of Punjab Vidhan Sabha for enactment. The enactment would pave the way to enhance the age limit from existing 70 years to 72 years for appointment as Chairperson of the Commission.

This would also allow more experienced persons to be appointed as chairperson of the SC Commission for ensuring effective implementation of laws meant for protecting and safeguarding the interests of the SC Commission belonging to the Punjab state.

Meanwhile, the Cabinet also gave approval to amend the Punjab Regulation of Fee of Unaided Educational Institutions Act, 2016, through presentation of a Bill in the Punjab Vidhan Sabha for its conversion into Act, to provide a mechanism for regulating the fee of unaided educational institutions in the state.

The amendment will also protect the interests of the unfortunate students whose earning family members die during their study in unaided educational institutions, as no fee will be charged from them till the completion of their studies. Further, to expedite the disposals and reduce the inconvenience caused by the complainants, the Regulatory Body constituted under the said Act is proposed to be reconstituted at the district level rather than the divisional level.

Similarly, to curb the practice of unaided educational institution to prescribe specific uniform/books, a suitable amendment has also been proposed in the aforesaid Act.

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